Damar Security Systems General Terms of Service.

At Damar Security Systems we believe that we have an obligation to ensure that our customers fully understand the rights and obligations of both parties in the provision and receipt of security alarm protection and monitoring services.

In the following, Damar Security Systems division of Lambton Communications Limited is referred to as “we”, “our” and “us” and the Customer is referred to as “you” and “your”.

Your usage of the security alarm system installed and/or monitored by us shall be deemed to be your acceptance of these General Terms of Service.

If there is a written agreement between you and Damar Security Systems it is understood that if a conflict exists between that agreement and these General Terms of Service, the written agreement shall take precedence.

1. Third Party Communication Facilities: Your security alarm system will utilize communication facilities provided by an independent third party. It is agreed that we assume no responsibility and we have no control over the maintenance or repair of communication facilities provided by third party suppliers and that any service calls made necessary as a result of a failure or malfunction of these facilities shall be chargeable to you at our current and usual service rates. We assume no liability for loss, damage or personal injury to you or your premises as a result of a failure or malfunction of these communication facilities no matter how caused.

2. Operate The System Properly: You should properly operate the Security Alarm System. We will instruct you upon installation of the system and we will provide additional instruction once per year, upon request, at no additional charge. In the event that we receive more than five (5) signals in a twelve (12) month period that require operator action and that are either false or as a result of your failure to operate correctly, we may impose an additional service charge for the added work incurred, and you will pay such additional service charge within thirty (30) days of receipt of an invoice from us. You should test your security system monthly to ensure proper operation.

3. Our Obligation relates solely to the monitoring of alarm signals, and the repair of any equipment that may be installed on your premises by us, and we are not obligated to maintain, repair, service, replace, operate or assume the operation of any device of Yours or others, to which our equipment is attached unless provided for in an extended warranty. If equipment requiring repair is not covered by warranty or optional extended warranty a service charge will apply for such repair.

4. System Problem: If we become aware of a problem or malfunction in the Security Alarm Equipment, we will notify you as soon as possible. Upon such notification our obligations to you shall cease until the malfunction has been corrected and the operation of the signalling system has been tested and you are advised that the system is operational.

5. Repair Service Hours: If your Security Alarm System requires repairs, we will dispatch a qualified service representative as soon as possible during normal business hours that are between 0800 and 1630, Monday through Friday but excluding statutory holidays. Unless covered by the initial warranty of one year for parts and materials, or an extended warranty, an additional charge may apply for such service. All warranty and extended warranty service is provided during normal business hours only.

6. After Hours Repair Service: Outside of normal business hours, you may request immediate service and we will dispatch a service representative as soon as possible. Callout service charges will apply and you will be asked to authorize these charges prior to a technician being dispatched.

7. Monitoring Obligation in Writing: We will provide a twenty-four hour alarm monitoring service for the purpose of receiving signals and providing notification to agreed upon authorities. Upon receipt of an alarm signal we will promptly attempt to verify that an emergency condition does not exist, and if unable to verify we will notify the police, fire, or other designated persons of the alarm signal. You will provide written instructions and lists of the authorities or persons to be notified in the event of an alarm. It is your responsibility to promptly advise us, in writing, of any changes, additions or deletions to the list of authorized employees, friends, relatives or other persons, including their telephone numbers.

8. Required Changes/Additions: If anyone having proper jurisdiction requires any changes or additions to the Alarm System, such changes or additions will be provided by us and paid for by you at our then current and usual service rates.

9. Authority to Enter Premises: You authorize us to enter into your premises to install, test, repair, and remove the alarm equipment. The right to remove equipment applies where full payment has not been made for equipment being purchased by you or where equipment owned by us is installed on your premises. Any equipment owned by us will be shown on a Schedule of Protection.

10. Electrical Power: Any electrical power including standby batteries necessary for the operation of the alarm equipment is to be provided at your expense.

11. Keys to Your Premises: If we hold keys for your premises we assume no responsibility for the loss or theft of such keys, other than to promptly notify you upon discovery of such loss or theft. Any costs for the changing of locks or other security measures are to be borne by you.

12. Decals: We may, with your approval, place company decals on doors, windows or other areas deemed necessary by us.

13. Limitation of Liability: We are not an insurer and our services are not intended to be a substitute for proper and adequate insurance. It will be extremely difficult to determine the actual damages that may result from our failure to perform our duties under these terms. You agree that Damar and our agents, employees, and sub-contractors are exempt from liability for any loss, damage, injury, or other consequence arising directly or indirectly from our services or the systems we provide under these terms. If it is determined by any court of competent jurisdiction that Damar or our employees or our sub-contractors are directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to $500.00 or one year’s annual service fee, whichever is greater. These agreed upon damages are not a penalty. They are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by our negligence, gross negligence, failure to perform duties, strict liability, failure to comply with any applicable laws or other fault. Should you want us to assume a greater liability you will sign our standard agreement for service with an attachment clearly stating the additional liability limits and your acceptance of the additional cost to you.

14. Indemnify and Hold Harmless: You agree to indemnify us and to hold us harmless from and against any claims or demands which may be asserted against us, and to pay on a solicitor and client basis, collection costs, legal fees, removal costs, bailiff fees, office administration fees and any other reasonable expense incurred because of you not meeting any obligations contained herein or because of any demands, claims or other charges made upon us by you or any other party.

15. Police/Fire Relations: It is understood and agreed that we shall not be liable for any loss or damage incurred by you arising out of the delay or failure of any police department, fire service or other agency to respond to an alarm reported to it by us. You agree to pay any false alarm assessments, taxes, fees, fines, or other charges relating to the installation or service provided under these terms which may be duly imposed by any government body or other organization.

16. Authority Refuse to Respond: If any police, fire or other authority should refuse to respond to notification of an emergency condition at your premises or if any authority suspends or downgrades response priority, or imposes other sanctions for any reason whatsoever, including excessive numbers of false alarm dispatches, regardless of the source of the false alarm dispatches, the monitoring service shall not be terminated, suspended or canceled and we shall continue to provide alarm monitoring services provided for herein, and shall, in response to alarm signals notify you or your designated response agency.

17. Adequate and Sufficient Protection: You acknowledge that the alarm services, detection equipment and communication facilities being provided by us are adequate and sufficient for your requirements. You have the right to request additional protection at any time you should deem necessary, and that we will provide this additional protection at our then current and usual service rates. You acknowledge that you have accepted the degree of protection, signal communication facilities and monitoring services after consultation with your insurance company, the insurance underwriters, an independent security consultant, or any other individual you may wish to consult.

18. Right of Assignment: We have the right to assign your account to any person, firm or corporation upon written notice to you. You may assign your obligations and rights for this service to any person, firm or corporation only with our written consent. There shall be no subrogation of any rights or obligations herein contained for any reason whatsoever.

19. Damar Default: If you determine that we are in default of any of our o bligation(s) contained in these terms, or that we have not performed our obligations as contemplated by our business relationship, you must give both verbal and written notice to us of such default or failure to perform and we shall have a period of ninety (90) days from the date of receipt of such notice in which to correct such default. In the event that we do not correct such default within the time specified, you may then terminate the service without penalty by providing notice in writing to us. Should there be disagreement between Damar and you as to whether or not we have corrected such default the parties hereto agree to submit to independent mediation and the cost of the mediation shall be our responsibility if the mediator rules that we have failed to remedy the stated default(s). In the event that you should determine that you no longer require a security alarm system, or in the case of a residential security alarm system if you should sell your home, you may terminate the service without penalty by giving us notice in writing prior to the closing of the sale of your home and including the names and contact information for the purchaser.

20. Payments: If you fail to make any payments to us as and when they become due and payable, or if you breach any of your covenants or obligations, or if you become bankrupt, or if you vacate the premises, then in each such case we have the right to cease providing service to you.

21. Conditions Monitored: Monitoring services provided shall consist of the following conditions unless changed or modified on a schedule attached to these terms:- Burglar Alarm Signals, Low Battery Supervisory Signals, Security Alarm Trouble Signals excluding loss of primary AC power, and Supplemental Fire Detection Signals from smoke or heat detectors installed. Keypad emergency keys or buttons may or not be activated and monitored unless you test them at least once per year.

22. Response Procedures: Upon receipt of an alarm signal from your premises we will attempt to verify or confirm that an emergency condition does not exist prior to notification of the authorities and this verification procedure may involve telephone calls to the premises and to you or your representatives. If we are unable to confirm that an emergency condition does not exist then notifications will be made in accordance with written instructions provided by you. You acknowledge that in the event of an accidental alarm you will immediately telephone the Damar Security Response Center and identify Yourself by name and personal identification number or secret password.

23. Use of Your Telephone Line: The Security Alarm Monitoring Service provided in to you utilizes your telephone line to report signals to our Damar Security Response Center. You are responsible to provide, at your expense, a conventional telephone line that is operational at all times. In the event that you, or your telephone line service provider, should make any modifications to the telephone line to which the Security Alarm Equipment is connected, you must immediately notify us so that we can ensure that there has been no interruption to the alarm reporting capabilities of the telephone line. In the event that any changes or modifications should be required to the Security Alarm System as a result of changes or modifications to the telephone line by others, there may be a service charge at our sole discretion. If we are billing you for communications channel supervision we will notify you upon a failure of the channel. New offerings for telephone communication service that use your internet connection or your cable television facilities may have an adverse affect on the operation of your security alarm system. Should you be contemplating a change from the conventional telephone service provided by the incumbent local telephone service provider please contact one of our customer service representatives to ensure that there will be no interruption in the security alarm monitoring service. Please see "Monitoring on Public Internet" later in this document.

24. Identification: On occasion it may be necessary to contact our monitoring center by telephone concerning your security alarm system. Since the service we are providing is security, it is essential that you be able to identify yourself to our staff. The highest available identification involves your name, your system number and a personal identification number. You are encouraged to request unique personal identification numbers for each and every user of your security alarm system. As an alternative and only for low risk residential applications the use of a secret "password" will be acceptable should you not wish to have individual personal identification numbers for all users of the system. In all communications with us concerning the operation of the security alarm system it is your responsibility to properly identify yourself through the use of a personal identification number or a secret password known only to you and us. For security reasons, we will not be obligated to accept instructions regarding the security alarm system without such proper identification.

25. Clause Unenforceable: If any provision of these terms is found by any Court of competent jurisdiction to be invalid or unenforceable such provision shall be deemed severed from these Terms and Conditions and all other provisions shall remain in full force and effect.

26. Full Disclosure Statement: In keeping with our policy of full disclosure and while this security system is of an advanced design there are limitations that you should be aware of. No security system will prevent a breakin! We do not offer guaranteed protection against burglary, fire, or other emergency. Any alarm system is subject to compromise or failure to warn for a variety of reasons. Intruders may gain access through unprotected areas or have the technical expertise to bypass or otherwise tamper with the alarm system, or they may simply use brute force to destroy the alarm system before it can transmit its warning message. The security system will not work without continuous power. Where we have installed supplemental heat or smoke detectors these devices may not activate or provide early warning for a variety of reasons including: insufficient heat or smoke in the area of the detector as may be the case where doors are closed, a chimney fire, fire within walls or areas not protected such as confined attics or roofs. Finally, smoke detectors have sensing limitations which mean they may not sense every fire every time. Intrusion detectors can only sense movement within their specified fields of view. Intruders may be able to avoid being detected despite the fact that the detector functions in accordance with published specifications. They can not detect movement or intrusion behind walls, ceilings, floors, closed doors, glass partitions, glass doors or windows. Mechanical tampering, masking, spraying or painting any of the optical system of motion detectors can reduce their detection ability. If the ambient temperature of the protected area approaches 90o F to 105o F the detection performance will decrease significantly. Glassbreak detectors can be affected by changes in the environment including carpeting, drapery, and room furnishings. Generally telephone lines are needed to transmit alarm signals from your premises to our Signal Receiving Center and in the event of a failure of these communication lines signals may not be received. Communication lines are subject to compromise or cutting and the Signal Receiving Center may not know about the compromise, failure or cutting. We do offer alternative and/or redundant communication methods and you are advised to have us provide such alternatives if there is any possibility for telephone line tampering or cutting. Upon being notified of an alarm condition the responding authorities may not respond appropriately or in time to prevent loss or damage.

27. Monitoring on Public Internet: If the monitoring service being provided to you will use the public internet as the means of communication of alarm signals from your premises to our Signal Receiving Center the following will apply: The provision of public internet service to your premises is your responsibility. You are encouraged to select an internet service provider that provides adequate standby power and twenty-four hour support service. Where your internet service provider requires that your connection be verified, authenticated or “logged on” it will be your responsibility to provide the necessary software and/or equipment to accomplish this requirement. Damar will supply and install an internet signal transmitter (IST) connected to your security alarm system control unit. It will be your responsibility to provide, within five (5) feet of your security alarm control unit, a suitable RJ-45 Ethernet connection into which we will plug our IST It will be your responsibility to provide standby electrical power to your ADSL or Cable Modem and any other devices such as routers, hubs or switches that may affect the internet communications with a recommended standby duration of twenty-four (24) hours but in all cases not less than fifteen (15) minutes. Damar will provide standby power for the IST for a minimum of four (4) hours but your attention is drawn to the fact that communications will fail if the power for your modem, routers, hubs, switches, etc. is interrupted. If the security alarm service being provided by Damar includes a Certificate issued by the Underwriters’ Laboratories of Canada the duration of standby power must be a minimum of twenty-four (24) hours. In accordance with the requirements of Canadian Standards our SRC will receive alarm signals within sixty (60) seconds and will be alerted to a failure in the internet within one hundred eighty (180) seconds. You are advised that a failure in the communication facilities may occur for any number of reasons including but not limited to: a) intentional cutting or severing of communication cables entering your premises; b) loss of commercial electrical power and/or a subsequent failure or depletion of standby power; c) a failure of your modem, hub, router, switch or other equipment in the internet path within your premises; d) a failure of the IST; e) a failure or malfunction of an internet service provider or his facilities; f) any other failure beyond the control of Damar. When our SRC is alerted of a failure in the communication facilities the event will be assigned a low priority and you or your designate will be notified as soon as is reasonably possible. Upon receiving notification of a failure in the communication facilities it will be your responsibility to verify that the public internet service to your premises is functioning correctly. (It is recommended that you attempt to access a Web site that contains an indication of current time such as wwp.greenwichmeantime.com) Once you have determined that your public internet connection is working properly it will be your responsibility to telephone our SRC and determine if alarm communications have been restored. If the services of a Damar technician are required, a service charge will apply if no fault is found in the IST but a problem is observed in your public internet connection or any equipment associated with the public internet connection or as a result of a failure of the standby power for your equipment. In the event of a problem with the IST repair service charges will not apply if the IST is under warranty or is covered by an extended warranty agreement. Damar has no control over the provision of public internet service to you and/or your premises and as such Damar has no control over the reliability of the service nor does Damar have any control over the provision of primary or standby power for the internet modem, hubs, routers, switches or other equipment on your premises. If, in the sole opinion of Damar, there are excessive failures in the communication facilities resulting in additional and unusual expenses incurred in the reporting and clearing of signals Damar may, at its sole discretion, levy additional charges to you as our compensation for the additional and unusual costs.

28. Canadian Privacy Act: The Canadian Privacy Act applies to information that you provide to us for the provision of the monitoring service. Please refer to our Privacy Statement on our Web site – www.damarsecurity.com or you may request a copy of the policy by contacting our office.

29. Governed by Province of Ontario: These terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Further, these General Terms of Service may be revised from time to time and it shall be your obligation to visit our Website at www.damarsecurity.com to obtain an updated copy.

30. Written Correspondence: All written correspondence to Damar shall be addressed to Damar Security Systems, 506 Christina Street North, Sarnia Ontario N7T 5W4, e-mail to: Admin@damar.net , fax 519-336-7508 or such other contact information as may be provided from time to time.

31. Any modifications or variations to these terms shall clearly stated on a written agreement and/or attachment to these terms only after being signed by you and us.

Damar Security Systems division of Lambton Communications Limited sincerely appreciates the trust you have placed with us for the protection of your lives and property. Please be assured that we respect that trust and we readily accept the responsibility for the provision of the best possible security alarm service available.

We thank you!